For a long time now, the United States has had the distinction of leading the world in the highest rate of incarceration. More than any other nation on earth, including those with much larger populations, the U.S. imprisons its own citizens at an extraordinarily high rate. In fact, if the U.S. prison population was a city, it would be larger than many of the biggest cities in the country, beating out places like Phoenix, Philadelphia, San Diego, and Dallas. At the state level, among the 50 states, Texas claims the top spot for most incarcerated residents, with a larger prison … [Read more...]
Dallas Federal Crime Lawyer John Helms Educates Federal Drug Cases
Federal Drug Cases In Dallas, Fort Worth, Plano, and Sherman: What Does The Drug Quantity In The Charge Mean? In federal drug cases, such as distribution or conspiracy to distribute methamphetamine, cocaine, or heroin, the accused will be charged in an indictment with distributing or conspiracy to distribute a certain quantity of drugs. For example, an indictment might charge a person with distributing 50 grams of actual methamphetamine, or 500 grams of a mixture and substance containing methamphetamine. I am often asked what these quantities mean for the accused. … [Read more...]
How Long Can the Police Detain Me?
Most people know what it means when the police make an arrest and take someone into their custody. When you’re arrested, you know that you are definitely not free to leave. However, there is a second type of police custody, and the question of when you’re free to go can sometimes be a little murky. Specifically, what happens when the police detain you? How long can they detain you without making an arrest? The answer isn’t always straightforward. Your Rights Under the Fourth Amendment Under the Fourth Amendment, which protects privacy rights, the police can’t conduct … [Read more...]
What the SCOTUS Separate Sovereigns Decision in Gamble Means
In June 2019, the U.S. Supreme Court handed down its decision in Gamble vs. United States — a case that could have far-reaching consequences for individuals who might face criminal prosecution in both federal and state court. The case focused on the concept of double jeopardy, which refers to an individual being prosecuted twice for the same crime. On a basic level, the double jeopardy clause in the Constitution protects people from standing trial more than once for the same offense. However, the Court’s decision in Gamble upheld something known as the “separate sovereigns” … [Read more...]
Will Getting Arrested Make Me Lose My Job?
Texas criminal defense lawyer, Attorney John Helms explains how being arrested can affect your future and if it can cause you to lose your job. Understandably, most people are fearful and nervous when they are arrested by the police. If you have been arrested, you might be wondering how having an arrest on your record will affect your job. Can your employer fire you? What if you’re later proven innocent? If you have been arrested, it’s important to discuss your case with an experienced Texas criminal defense lawyer. While the American criminal justice system is based on the principle … [Read more...]
How Do Police Get an Arrest Warrant?
Unless the police observe someone carrying out a crime in real time, they must first obtain an arrest warrant before they are able to take someone into custody. Police and prosecutors can obtain an arrest warrant by submitting information to a judge that establishes probable cause for the arrest. Without enough evidence to establish probable cause, the court will not grant the arrest warrant. Additionally, an arrest warrant is typically quite specific about what the police can do, along with what they are unable to do, when it comes to carrying out the arrest. If you think you … [Read more...]
What to Do If You Are Charged with Online Solicitation of a Minor
Being charged with an internet crime involving the solicitation of an underage person is a frightening thing. In many parts of the country, police departments have ramped up efforts to catch people engaged in the online solicitation of minors. Under Texas law, it’s illegal to have sexual contact with anyone younger than 17, as that’s how state law defines a “minor.” You may have seen reports about sting operations in which police departments from various cities and counties band together to arrest a large group of so-called suspects participating in online chatrooms or social media … [Read more...]
Federal Court Upholds Right to Flip Off the Police
It’s not uncommon for an encounter with the police to result in stress. Even if you’re detained briefly by the cops for a routine traffic stop such as a speeding ticket, you may feel angry and inconvenienced as the officer drives away — especially if the cop gave you a citation. Speeding tickets can be costly, and it’s normal to feel irritated when you get one. You might even make a certain negative hand gesture in the cop’s direction as a way of venting or making yourself feel a bit better. While most people might argue this isn’t advisable, a recent case has caused many people to … [Read more...]
Explaining The Sentencing of Paul Manafort
As a criminal defense attorney in Dallas, Attorney John Helms offers his unique perspective of the Paul Manafort sentencing on March 7th, 2019 and the implications of the sentence length. I am very troubled by the sentencing of Paul Manafort yesterday. According to the Federal Sentencing Guidelines, he should have received a sentence of at least 19 years. The 47-month sentence he received was roughly an 80 percent downward departure from the Sentencing Guidelines—a breathtaking departure for someone who did not plead guilty and who did not substantially assist the government by … [Read more...]
What Is the First Step Act?
Signed into law on December 21, 2018, the First Step Act aims to reduce the number of people incarcerated in the United States. Currently, there are about 2.2 million people in jails and prisons throughout the country. The First Step Act only applies to federal prisons, which hold around 181,000 people. Under the First Step Act, many people will be able to obtain an early release from prison. Additionally, the new law could also result in shorter sentences for individuals in the future. The Act represents one of the most significant changes in criminal justice reform over the past few … [Read more...]
